Nearly nine yrs after, SC grants bail to Lt Col Shrikant Purohit

NEW DELHI: The Supreme Court on Monday granted bail to Lt Col Shrikant Prasad Purohit, who has been languishing in jail for almost nine years for his alleged role in 2008 Malegaon blast case, observing there were contradictions in the charge sheets filed by different investigating agencies.

The top court also said it cannot deny the relief to him merely because “sentiments of community was against him”.

Six people were killed in a bomb blast on September 29, 2008, at Malegaon, a communally-sensitive textile town in Nasik district of north Maharashtra.

The apex court said there were “material contradictions” in the charge sheets filed by the Anti-terrorist Squad (ATS), Mumbai and the National Investigating Agency (NIA), which are required to be tested at the time of trial, and it cannot pick or choose one version over the other.

A bench of Justices R K Agrawal and Abhay Mohan Sapre, while taking note of variations in the charge sheets filed by Anti Terrorist Squad (ATS) Mumbai and NIA, said that fresh ground for consideration of Purohit’s bail plea was made out, as at the relevant time, he was an Intelligence officer of the Indian Army.

“Liberty of a citizen is undoubtedly important but this is to balance with the security of the community. A balance is required to be maintained between the personal liberty of the accused and the investigational rights of the agency. It must result in minimum interference with the personal liberty of the accused and the right of the agency to investigate the case,” the bench said.

The court set aside the April 25 verdict of the Bombay High Court denying bail to Purohit, but imposed certain restrictions while granting him relief after he spent eight years and eight months in jail.

Meanwhile, the Army will review his suspension from service after examining the court order, army sources said on Monday.

NEW DELHI: The Congress on Monday accused the BJP government of "protecting" all the accused "connected to the RSS" after the Supreme Court granted bail to 2008 Malegaon serial blasts case accused Lt Col Shrikant Prasad Purohit.

The opposition party also raised questions over National Investigation Agency (NIA) chief Sharad Kumar getting two extensions and hoped that justice would be done in the Malegaon serial blasts case "without fear or favour".

"Col Purohit gets Bail. It was expected as the present BJP Govt is protecting all the accused connected with RSS in all Bomb Blast cases (sic)," Congress leader Digivijaya Singh wrote on Twitter.

In another tweet, he said, "NIA chief has been given two extensions to ensure their acquittal. He may now be further rewarded for a suitable post retirement position (sic)."

All India Congress Committee (AICC) in-charge of communications department Randeep Singh Surjewala said Purohit getting bail was neither a reflection of his guilt nor innocence as he was facing a trial.

"Why is that the (Narendra) Modi government cannot find any competent police officer in India to head the NIA that they have to give two extensions to its current chief?

"We sincerely hope that the law will take its own course and justice will be done, free from fear or favour, in this case," he said.

Union minister Kiren Rijiju dismissed the Congress' accusations, saying whoever

deserved justice would get it.

"What is the conspiracy about it? The Congress has the habit of raising this issue. Why should we intervene? This is a process (that was) started a long time back and it's a process of the judiciary. Why should we intervene?

"Whosoever deserves justice will get it. My saying anything won't change it," he told

reporters on the sidelines of an event of the border guarding force, Indo-tibetan Border Police (ITBP).

Rijiju added that he would not like to comment on statements made by Digvijaya Singh on the issue.

"He (Singh) has the habit of saying all these things. Why should I respond to that?," the minister said.